if YES, indicate relevant information (i.e. signing, accession, ratification, entering into force, etc)

Transcription

1 OP 1 and related matters from OP 5, OP 6, OP 8 (a), (b), (c) and OP 10 State: Date of Report: Date of Addendum 1: Date of Addendum 2: Japan 28 October March May 2008 Did you make one of the following statements or is your country a State Party to or Member State of one of the following Conventions, Treaties and Arrangements? YES if YES, indicate relevant information (i.e. signing, accession, ratification, entering into force, etc) Remarks (information refers to the page of the English version of the report or an official web site) 1 General statement on non-possession of WMD General statement on commitment to 2 disarmament and non-proliferation General statement on non-provision 3 of WMD and related materials to non- State actors Biological Weapons Convention 4 (BWC) Chemical Weapons Convention 5 (CWC) Nuclear Non-Proliferation Treaty 6 (NPT) The Atomic Energy Basic Law (Law No. 186 of 1955) The Law concerning Prohibition on Chemical Weapons and Restriction on Specific Materials (Law No. 65 of 1995) The Law on implementing the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological and Toxin Weapons and on their Destruction (Law No. 61 of 1982) Is committed to disarmament and non-proliferation of WMD and their means of delivery Has not intended and will never intend to provide any form of support to non- State actors as stipulated Ratified 1982 Ratified 1995 Acceded 1976 The information in the matrices originates primarily from national reports and is complemented by official government information, including that made available to inter-governmental organizations. The matrices are prepared under the direction of the 1540 Committee. The 1540 Committee intends to use the matrices as a reference tool for facilitating technical assistance and to enable the Committee to continue to enhance its dialogue with States on their implementation of Security Council Resolution The matrices are not a tool for measuring compliance of States in their non-proliferation obligations but for facilitating the implementation of Security Council Resolutions 1540 and They do not reflect or prejudice any ongoing discussions outside of the Committee, in the Security Council or any of its organs, of a State's compliance with its non-proliferation or any other obligations 1

2 Comprehensive Nuclear Test Ban 7 Treaty (CTBT) Convention on Physical Protection of 8 Nuclear Material (CPPNM) 9 Hague Code of Conduct (HCOC) 10 Geneva Protocol of 1925 Ratified in 1998 Acceded in 1988 Subscribed Deposit 21 May International Atomic Energy Agency (IAEA) Since 16 July Nuclear Weapons Free Zone/ Protocol(s) 13 Other Conventions/Treaties 14 Other Arrangements 1. Party to the 13 UN Counter-Terrorism Conventions, including: a) The International Convention on the Suppression of Acts of Nuclear Terrorism (Deposit 3 August 2007); b) International Convention for the Suppression of the Financing of Terrorism (acceded 11 June 2002); and c) the International Convention for the Suppression of Terrorist Bombings (acceded 16 November 2001) 2. Basel Convention 1. Nuclear Suppliers Group (NSG) 2. Zangger Committee (ZC) 3. Australia Group (AG) 4. Missile Technology Control Regime (MTCR) 5. Wassenaar Arrangement (WA) 6. Proliferation Security Initiative (PSI) 7. Financial Action Task Force (FATF) 15 Other 2

3 OP 2 - Biological Weapons (BW) State: Date of Report: Date of Addendum 1: Date of Addendum 2: Japan 28 October March May 2008 Does national legislation exist which prohibits persons or entities to engage in one of the following activities? Can violators be penalized? YES National legal framework if YES, indicate source document of national implementation law Enforcement: civil/criminal penalties and others YES if YES, indicate source document Remarks 1 manufacture/produce The Law on Implementing the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological(Biological) and Toxin Weapons and on their Destruction and the Other Conventions (Law No.61 of 1982) Law No. 61 of 1982, Articles acquire Law No. 61 of 1982: receiving 3 possess Law No. 61 of stockpile/store Law No. 61 of 1982 Law No. 61 of 1982, Aricles develop Law No. 61 of 1982: within the scope of production Law No. 61 of 1982: within the scope of production 6 transport Law No. 61 of 1982: within the scope of possession, transfer or receiving Law No. 61 of 1982: within the scope of possession, transfer or receiving 7 transfer Law No. 61 of 1982 Law No. 61 of 1982, Articles use 3

4 participate as an accomplice in a.m. 9 activities Law No. 45 of 1907 (Penal Code) 10 assist in a.m. activities Law No. 45 of 1907 (Penal Code), Article finance a.m. activities a.m. activities related to means of delivery involvement of non-state actors in a.m. activities 1. Act on Punishment of Financing to Offences of Public Intimidation (Law No. 67 of 2002) on terrorist financing 2. Law No. 45 of 1908 (Penal Code) 1. Law No. 61 of Gunpowder Control Act (Law No. 149 of 1950)? 1. Law No. 67 of 2002 on terrorist financing 2. Law No. 45 of 1908 (Penal Code) 3. Has a Financial Intelligence Unit Gunpowder Control Act (Law No. 149 of 1950) Law No. 61 of 1982 Law No. 61 of 1982, Articles Other Law No. 61 of 1982: attempts to produce or use Law No. 61 of 1982, Articles 9-10: attempts to produce or use 4

5 OP 2 - Chemical Weapons (CW) State: Date of Report: Date of Addendum 1: Date of Addendum 2: Japan 28 October March May 2008 Does national legislation exist which prohibits persons or entities to engage in one of the following activities? Can violators be penalized? YES National legal framework if YES, indicate source document of national implementation law Enforcement: civil/criminal penalties and others YES if YES, indicate source document Remarks 1 manufacture/produce The Law concerning Prohibition on Chemical Weapons and Restriction on Specific Materials (No. 65 of 1995) Law No. 65 of acquire Law No. 65 of 1995: receive Law No. 65 of 1995: receive 3 possess Law No. 65 of 1995 Law No. 65 of stockpile/store 5 develop Law No. 65 of 1995: within the scope of possession Law No. 65 of 1995: within the scope of production Law No. 65 of 1995: within the scope of possession Law No. 65 of 1995: within the scope of production 6 transport Law No. 65 of 1995: within the scope of possession Law No. 65 of 1995: within the scope of possession 7 transfer Law No. 65 of 1995 Law No. 65 of use 9 participate as an accomplice in a.m. activities Law No. 45 of 1908 (Penal Code) Law No. 45 of 1908 (Penal Code) 10 assist in a.m. activities Law No. 45 of 1908 (Penal Code) Law No. 45 of 1908 (Penal Code) 11 finance a.m. activities 1. Act on Punishment of Financing to Offences of Public Intimidation (Law No. 67 of 2002) on terrorist financing 2. Law No. 45 of 1908 (Penal Code) 1. Law No. 67 of 2002 on terrorist financing 2. Law No. 45 of 1908 (Penal Code) 3. Has a Financial Intelligence Unit 5

6 a.m. activities related to means of 12 delivery? Gunpowder Control Act (Law No. 149 of 1950)? Gunpowder Control Act (Law No. 149 of 1950) 13 involvement of non-state actors in a.m. activities 14 Other Law No. 65 of 1995 Law No. 65 of 1995 Law No. 65 of 1995: covers attempt and equipment for "exclusively composing or facilitating" their use Law No. 65 of 1995: covers attempt and equipment for "exclusively composing or facilitating" their use 6

7 OP 2 - Nuclear Weapons (NW) State: Date of Report: Date of Addendum 1: Date of Addendum 2: Japan 28 October March May 2008 Does national legislation exist which prohibits persons or entities to engage in one of the following activities? Can violators be penalized? YES National legal framework if YES, indicate source document of national implementation law Enforcement: civil/criminal penalties and others YES if YES, indicate source document Remarks 1 manufacture/produce 1. Law No. 32 of 1884 (The Explosives Control Act) 2. Criminal Radiation Emission Act (No. 38 of 2007) 1. Law No. 32 of 1884 (The Explosives Control Act) 2. Law No. 38 of acquire 1. Law No. 166 of 1957 ("receive"): no permission if for non-peaceful purposes 2. Law No. 38 of Law No. 166 of 1957 penalties for mishandling 2. Law No. 38 of possess 1. Law No. 32 of 1884 (The Explosives Control Act) 2. Law No. 38 of Law No. 32 of 1884 (The Explosives Control Act) 2. Law No. 38 of stockpile/store 1. Law No. 32 of 1884: within the scope of possession, import or ordering 2. Law No. 38 of Law No. 32 of 1884: within the scope of possession, import or ordering 2. Law No. 38 of develop 1. Law No. 32 of 1884: within the scope of production 2. Law No. 38 of Law No. 32 of 1884: within the scope of production 2. Law No. 38 of transport 1. Law No. 32 of 1884: within the scope of production 2. Law No. 38 of Law No. 32 of 1884: within the scope of production 2. Law No. 38 of

8 7 transfer 1. Law No. 32 of 1884: within the scope of production 2. Law No. 38 of Law No. 32 of 1884: within the scope of production 2. Law No. 38 of use 1. Law No. 32 of 1884: within the scope of production 2. Law No. 38 of Law No. 32 of 1884: within the scope of production 2. Law No. 38 of 2007 participate as an accomplice in a.m. 9 activities Law No. 45 of 1908 (Penal Code) 10 assist in a.m. activities Law No. 45 of 1908 (Penal Code) 11 finance a.m. activities 1. Act on Punishment of Financing to Offences of Public Intimidation (Law No. 67 of 2002) on terrorist financing 2. Law No. 45 of 1908 (Penal Code) 1. Law No. 67 of 2002 on terrorist financing 2. Law No. 45 of 1908 (Penal Code) 3. Has a Financial Intelligence Unit 12 a.m. activities related to means of delivery? Law No. 32 of 1884 (The Explosives Control Act)? Law No. 32 of 1884 (The Explosives Control Act) 13 involvement of non-state actors in a.m. activities 14 Other Law No. 166 of 1957 Law No. 166 of Atomic Energy Basic Law Three Non-Nuclear Principles: not possess, produce or import NW Law No. 166 of 1957: Covers threats and attempts 8

9 OP 3 (a) and (b) - Account for/secure/physically protect BW including Related Materials State: Date of Report: Date of Addendum 1: Date of Addendum 2: Japan 28 October March May 2008 Are any of the following measures, procedures or legislation in place to account for, secure or otherwise protect BW and Related Materials? Can violators be penalized? YES National legal framework Enforcement: civil/criminal penalties, and others if YES, indicate source document YES if YES, indicate source document Remarks 1 Measures to account for production 1. The Law on Implementing the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological(Biological) and Toxin 2 Measures to account for use Weapons and on their Destruction and the Other Conventions (Law No.61 of 1982): reports to competent Ministers 3 Measures to account for storage 2. Cabinet Order for the Enforcement of the Law on Implementing the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and 4 Measures to account for transport on Their Destruction (Cabinet Order No. 396 of 1 December 1995) 1. Law No. 61 of 1982: failing to make a report in accordance with the law or making a false report is punishable 2. Cabinet Order No. 396 of 1 December 1995 identifies the relevant implementing Ministries 5 Other measures for accounting 6 Measures to secure production 1. Prevention of Infectious Diseases 7 Measures to secure use and Medical Care for Infectious Patients Act (Law No. 114 of 1998) 8 Measures to secure storage 2. Ministry of Health, Labour and Welfare guidelines to control viruses 9 Measures to secure transport and bacteria 1. Prevention of Infectious Diseases and Medical Care for Infectious Patients Act (Law No. 114 of 1998) 2. Action Plan for prevention of Terrorism of 10 December

10 10 Other measures for securing 11 Regulations for physical protection of facilities/materials/ transports Ministry of Health, Labour and Welfare guidelines Law No. 114 of 1998 Law No. 114 of Licensing/registration of facilities/persons handling biological materials Law No. 114 of 1998 Law No. 114 of Reliability check of personnel Law No. 114 of 1998 Law No. 114 of Measures to account for/secure/ physically protect means of delivery? Law No. 149 of 1950: The Gunpowder Control Act? Gunpowder Control Act (Law No. 149 of 1950) 15 Regulations for genetic engineering work? Law Concerning the Conservation and Sustainable Use of Biological Diversity through Regulations on the Use of Living Modified Organisms (Law No. 97 of 2003)? Law Concerning the Conservation and Sustainable Use of Biological Diversity through Regulations on the Use of Living Modified Organisms (Law No. 97 of 2003), Chapter 5 (penalties) 16 Other legislation/ regulations related to safety and security of biological materials 17 Other 10

11 OP 3 (a) and (b) - Account for/secure/physically protect CW including Related Materials State: Date of Report: Date of Addendum 1: Date of Addendum 2: Japan 28 October March May 2008 Are any of the following measures, procedures or legislation in place to account for, secure or otherwise protect CW and Related Materials? Can violators be penalized? YES National legal framework Enforcement: civil/criminal penalties, and others if YES, indicate source document YES if YES, indicate source document Remarks 1 Measures to account for production 2 Measures to account for use The Law concerning Prohibition on Chemical Weapons and Restriction 3 Measures to account for storage on Specific Materials (No. 65 of 1995) Law No. 65 of Measures to account for transport 5 Other measures for accounting 6 Measures to secure production 7 Measures to secure use Law No. 65 of 1995 Law No. 65 of Measures to secure storage 9 Measures to secure transport 10 Other measures for securing Regulations for physical protection of facilities/materials/ transports Licensing of chemical installations/entities/use of materials 1. Law No. 65 of 1995: Schedule I chemicals 2. Japan Defense Agency Order No. 48 of 1995, Article 62 Ministry of Economy, Trade, and Industry may inspect Law No. 65 of 1995 Law No. 65 of Reliability check of personnel Law No. 65 of 1995 Law No. 65 of

12 Measures to account for/secure/ 14 physically protect means of delivery? Law No. 149 of 1950: The Gunpowder Control Act? Gunpowder Control Act (Law No. 149 of 1950) 15 National CWC authority National CWC Authority (organized by the Cabinet Office, the Ministry of Foreign Affairs, the Ministry of Economy, Trade and Industry and the Ministry of Defense) Reporting Schedule I, II and III chemicals to OPCW Account for, secure or physically protect old chemical weapons Other legislation/ regulations controlling chemical materials Minister of Economy, Trade and Industry under the Law No. 65 of 1995 Memorandum of Understanding between Japan and China on the Destruction of Abandoned CW in China False report or neglecting to report are punishable under the Law No. 65 of 1995 Reports to the OPCW on weapons abandoned in Japan 19 Other 12

13 OP 3 (a) and (b) - Account for/secure/physically protect NW including Related Materials State: Date of Report: Date of Addendum 1: Date of Addendum 2: Japan 28 October March May 2008 Are any of the following measures, procedures or legislation in place to account for, secure or otherwise protect NW and Related Materials? Can violators be penalized? YES National legal framework Enforcement: civil/criminal penalties, and others if YES, indicate source document YES if YES, indicate source document Remarks 1 Measures to account for production Act on the Regulation of Nuclear 2 Measures to account for use Source Material, Nuclear Fuel Material and Reactors (No. 166 of 1957) 3 Measures to account for storage 4 Measures to account for transport Law No. 166 of 1957 Law No. 166 of 1957, Chapter 8 (penalties) Law No. 166 of 1957, Chapter 8 (penalties) 5 Other measures for accounting 6 Measures to secure production 7 Measures to secure use Law No. 166 of 1957 Law No. 166 of 1957 punishes mishandling, Chapter 8 (penalties) 8 Measures to secure storage 9 Measures to secure transport Law No. 166 of 1957 Law No. 166 of 1957 punishes mishandling, Chapter 8 (penalties) 10 Other measures for securing Regulations for physical protection of facilities/materials/ transports Licensing of nuclear installations/entities/use of materials Law No. 166 of 1957, amended in December 2005 in accordance with the IAEA INFCIRC/225/Revision 4 Law No. 166 of 1957: permission of competent Minister required Law No. 166 of 1957 punishes mishandling, Chapter 8 (penalties) 13

14 13 Reliability check of personnel Law No. 166 of 1957 Law No. 166 of 1957, Chapter 8 (penalties) 14 Measures to account for/secure/ physically protect means of delivery? Law No. 149 of 1950: The Gunpowder Control Act? Gunpowder Control Act (Law No. 149 of 1950) 1. Japan National Institute of Nuclear Research and Development Act (Dec. 3, 2004 Act No. 155), Chapter 5 (penalties) 15 National regulatory authority 1. Japan National Institute of Nuclear Research and Development Act (Dec. 3, 2004 Act No. 155) 2. Atomic Energy Basic Law (December 19, 1955 Act No. 186) 2. Nuclear and Industrial Safety Agency 3. Ministry for Education, Culture, Sport, Science and Technology (MET) 4. Ministry of Economy, Trade and Industry 5. Ministry of Land, Infrastructure and Transport 16 IAEA Safeguards Agreements 1. Safeguards Agreement in force 02 December Additional Protocol in force 16 December 1999 Law No. 166 of 1957, Chapter 8 (penalties) 17 IAEA Code of Conduct on Safety and Security of Radioactive Sources 1. Guidance on the import and export of radioactive sources has been implemented since 01 January 2006 after the approval of the amendments to the Export Trade Control Order No. 378 of The Law for Prevention of Radiation Hazards due to Radioactive Isotope and other Material (No. 167 of 1957) The Law for Prevention of Radiation Hazards due to Radioactive Isotope and other Material (No. 167 of 1957), Chapter 8 (penalties) 3. Expressed support to the Director General 4. Guidance on the import and export of radioactive sources has been implemented since 01 January 2006 after the approval of the amendments to the Export Trade Control Order No. 378 of

15 IAEA Database on Illicit Trafficking of 18 Nuclear Materials and other Radioactive Sources Participates in Database Programme 19 Other Agreements related to IAEA 20 Additional national legislation/regulations related to nuclear materials including CPPNM Law No. 166 of Nuclear and Industrial Safety Agency and MET established Design Basis Threat (DBT) against nuclear facilities 2. Inspectors belonging to the Nuclear Safety Agency and MET regularly inspect the implementation of DBT 21 Other 15

16 OP 3 (c) and (d) and related matters from OP 6 and OP 10 - Controls of BW including Related Materials State: Date of Report: Date of Addendum 1: Date of Addendum 2: Japan 28 October March May 2008 Which of the following legislation, procedures, measures, agencies exist to control border crossings, export/import and other transfers of BW and Related Materials? Can violators be penalized? 1 Border control 2 Technical support of border control measures National legal framework YES if YES, indicate source document YES if YES, indicate source document 1. Customs Law No. 61 of Coast Guard Law No. 28 of Criminal Procedure Act No. 131 of Self Defense Forces Law No. 165 of Quarantine Act (Act No. 201 of 1951) 6. Act on Domestic Animal Infectious Diseases Control (Act No.166 of May 31st, 1951), includes import and export quarantines 7. Plant Protection Act (Act No. 151 of May 4, 1950) Enforcement: civil/criminal penalties, and measures of implementation, etc 1. Amendment to the Customs Law in 2010 raised the penalties for customs duty evasion and import/export of the prohibited goods, etc., and Introduced procedures to return an AEO status into the programs of Authorized Warehouse Operators and Authorized Customs Brokers (Authorized Economic Operators 2. Customs Law amended in 2008 to Addition of relevant investigative provisions for (i) reference to private organizations and (ii) expert verification 3. Japan Coast Guard 4. Police 5. Self Defense Forces 6. Quarantine Act (Act No. 201 of 1951), Articles Act on Domestic Animal Infectious Diseases Control (Act No.166 of May 31st, 1951), Chapter VI 8. Plant Protection Act (Act No. 151 of May 4, 1950), Chapter VIII Remarks 16

17 Control of brokering, trading in, 3 negotiating, otherwise assisting in sale of goods and technology Foreign Exchange and Foreign Trade Law (FEFTL, No. 228 of 1998, as amended 2009) 2009 amendments broadened control over brokers, enhancing 1 June 2007 amendment to require licensing of brokering 4 Enforcement agencies/authorities 1. Customs Law No. 61 of Japan Coast Guard Law (No. 28 of 1948) 3. Criminal Procedure Act (No. 131 of 1948) 4. Defense Agency Establishment Act (No. 164 of 1954) 5. Self Defense Forces Law (No. 165 of 1954) 1. Customs 2. Japan Coast Guard 3. Police 4. Self Defense Forces 5 Export control legislation in place 1.. Executive Order No. 378 of 1949 (Export Trade Control Order): goods 3. Executive Order No. 260 of 1980 (Foreign Exchange Order): technologies 4. Customs Law No. 61 of , amendments in 2009 increased punishments 2. Police and Coast Guard investigate cases of violations of the 6 Licensing provisions Executive Order No. 378 of 1949 (Export Trade Control Order): goods 3. Executive Order No. 260 of 1980 (Foreign Exchange Order): technologies 4. Customs Law No. 61 of Any violations are punishable 2. Police and Coast Guard investigate cases of violations of the 17

18 7 Individual licensing Executive Order No. 378 of 1949 (Export Trade Control Order): goods 3. Executive Order No. 260 of 1980 (Foreign Exchange Order): technologies Export control system, in principle, adopts individual licensing 8 General licensing amended in 2009): General license may be provided 9 Exceptions from licensing 1. : Exceptions to general license may apply 2. Executive Order No. 378 of 1949 (Export Trade Control Order), Article 4 10 Licensing of deemed export/visa amended in 2009) provisions 11 National licensing authority 1. Ministry of Economy, Industry and Trade 2. Executive Order No. 378 of 1949 (Export Trade Control Order), Article 11 delegates authority to Customs for some goods 12 Interagency review for licenses amended in 2009) stipulates the involvement of other relevant agencies 13 Control lists Items listed by the control regimes: 1. Attached List 1 of the Export Trade Control Order: goods 2. Attached List of the Foreign Exchange Order: Technologies 18

19 14 Updating of lists Control lists are updated regularly by the Ministry of Economy, Trade and Industry 15 Inclusion of technologies Executive Order No. 260 of 1980 (Foreign Exchange Order): technologies and regulations 16 Inclusion of means of delivery List 1 of the Executive Order No. 378 of 1949 x 17 End-user controls 18 Catch all clause 1. : End-users list has been established and updated annually 2. Two Cabinet Orders regarding security export control were revised on 27th of August 2008 in order to improve control on non-listed items for military end-use. 1. : Catch-all controls introduced April Two Cabinet Orders regarding security export control were revised on 27th of August 2008 in order to improve control on non-listed items for military end-use. 1. and regulations 2. Foreign End-User List 19 Intangible transfers In accordance with the FEFTL (No. 228 of 1998, as 20 Transit control 21 Trans-shipment control Executive Order No. 378 of 1949 and regulations 22 Re-export control Consent of the Ministry of Economy, Trade and Industry is required and regulations 19

20 23 Control of providing funds 1. Law No. 67 of 2002 on Punishment of Financing to Offences of Public Intimidation 2. Law No. 45 of 1908 (Penal Code) 1. Law No.67 of Law No. 45 of 1908 (Penal Code) 24 Control of providing transport services amended in 2009) 25 Control of importation 1. Customs Law No. 61 of FETFL (No. 228 of 1998) 3. Customs Tariff Law (No. 54 of 1910) 4. Executive Order No. 378 of 1949, Import Control Order Public Notice of the Ministry of Economy, Trade and Industry (September 26, 2006), Table of Non-Liberalized Goods and regulations 26 Extraterritorial applicability 27 Other 20

21 OP 3 (c) and (d) and related matters from OP 6 and OP 10 - Controls of CW including Related Materials State: Date of Report: Date of Addendum 1: Date of Addendum 2: Japan 28 October March May 2008 Which of the following legislation, procedures, measures, agencies exist to control border crossings, export/import and other transfers of CW and Related Materials? Can violators be penalized? 1 Border control 2 Technical support of border control measures National legal framework YES if YES, indicate source document YES if YES, indicate source document 1. Customs Law No. 61 of Coast Guard Law No. 28 of Criminal Procedure Act No. 131 of Self Defense Forces Law No. 165 of 1954 Enforcement: civil/criminal penalties, and measures of implementation, etc 1. Amendment to the Customs Law in 2010 raised the penalties for customs duty evasion and import/export of the prohibited goods, etc., and Introduced procedures to return an AEO status into the programs of Authorized Warehouse Operators and Authorized Customs Brokers (Authorized Economic Operators 2. Customs Law amended in 2008 to Addition of relevant investigative provisions for (i) reference to private organizations and (ii) expert verification 3. Japan Coast Guard 4. Police 5. Self Defense Forces Remarks 3 Control of brokering, trading in, negotiating, otherwise assisting in sale of goods and technology Foreign Exchange and Foreign Trade Law (FEFTL, No. 228 of 1998, as amended 2009) 2009 amendments broadened control over brokers, enhancing 1 June 2007 amendment to require licensing of brokering 21

22 4 Enforcement agencies/authorities 1. Customs Law No. 61 of Japan Coast Guard Law (No. 28 of 1948) 3. Criminal Procedure Act (No. 131 of 1948) 4. Defense Agency Establishment Act (No. 164 of 1954). Self Defense Forces Law (No. 165 of 1954) 1. Customs 2. Japan Coast Guard 3. Police 4. Self Defense Forces 5 Export control legislation in place Executive Order No. 378 of 1949 (Export Trade Control Order): goods 3. Executive Order No. 260 of 1980 (Foreign Exchange Order): technologies 4. Customs Law No. 61 of , amendments in 2009 increased punishments 2. Police and Coast Guard investigate cases of violations of the 6 Licensing provisions amended in 2009) stipulates the need for an export license 1. Any violations are punishable 2. Customs Law No. 61 of 1954: Customs requires the approved license for an export 7 Individual licensing Export control system, in principle, adopts individual licensing 8 General licensing General license may be provided 9 Exceptions from licensing 1. : Exceptions to general license may apply 2. Executive Order No. 378 of 1949 (Export Trade Control Order), Article 4 10 Licensing of deemed export/visa amended in 2009) provisions 22

23 11 National licensing authority 1. Ministry of Economy, Industry and Trade 2. Executive Order No. 378 of 1949 (Export Trade Control Order), Article 11 delegates authority to Customs for some goods 12 Interagency review for licenses amended in 2009) stipulates the involvement of other relevant agencies 13 Control lists Items listed by the control regimes: 1. Attached List 1 of the Export Trade Control Order: goods 2. Attached List of the Foreign Exchange Order: Technologies 14 Updating of lists Control lists are updated regularly by the Ministry of Economy, Trade and Industry 15 Inclusion of technologies Executive Order No. 260 of 1980 (Foreign Exchange Order): technologies and regulations 16 Inclusion of means of delivery List 1 of the Executive Order No. 378 of End-user controls 1. : End-users list has been established and updated annually 2. Two Cabinet Orders regarding security export control were revised on 27th of August 2008 in order to improve control on non-listed items for military end-use. 1. and regulations 2. Foreign End-User List 23

24 18 Catch all clause 1. : Catch-all controls introduced April Two Cabinet Orders regarding security export control were revised on 27th of August 2008 in order to improve control on non-listed items for military end-use. 19 Intangible transfers amended in 2009) 20 Transit control 21 Trans-shipment control Executive Order No. 378 of 1949 and regulations 22 Re-export control Consent of the Ministry of Economy, Trade and Industry is required 23 Control of providing funds 1. Law No. 67 of 2002 on Punishment of Financing to Offences of Public Intimidation 2. Law No. 45 of 1908 (Penal Code) 1. Law No. 67 of Law No. 45 of 1908 (Penal Code) 24 Control of providing transport services amended in 2009) 25 Control of importation 1. Customs Law No. 61 of FETFL (No. 228 of 1998) 3. The Law concerning Prohibition on Chemical Weapons and Restriction on Specific Materials (No. 65 of 1995) 4. Executive Order No. 378 of 1949, Import Control Order Public Notice of the Ministry of Economy, Trade and Industry (September 26, 2006), Table of Non-Liberalized Goods 24

25 26 Extraterritorial applicability 27 Other 25

26 OP 3 (c) and (d) and related matters from OP 6, and OP 10 - Controls of NW including Related Materials State: Date of Report: Date of Addendum 1: Date of Addendum 2: Japan 28 October March May 2008 Which of the following legislation, procedures, measures, agencies exist to control border crossings, export/import and other transfers of NW and Related Materials? Can violators be penalized? 1 Border control 2 Technical support of border control measures National legal framework YES if YES, indicate source document YES if YES, indicate source document 1. Customs Law No. 61 of Coast Guard Law No. 28 of Criminal Procedure Act No. 131 of Self Defense Forces Law No. 165 of 1954 Enforcement: civil/criminal penalties, and measures of implementation, etc 1. Amendment to the Customs Law in 2010 raised the penalties for customs duty evasion and import/export of the prohibited goods, etc., and Introduced procedures to return an AEO status into the programs of Authorized Warehouse Operators and Authorized Customs Brokers (Authorized Economic Operators 2. Customs Law amended in 2008 to Addition of relevant investigative provisions for (i) reference to private organizations and (ii) expert verification 3. Japan Coast Guard 4. Police 5. Self Defense Forces Remarks 3 Control of brokering, trading in, negotiating, otherwise assisting in sale of goods and technology Foreign Exchange and Foreign Trade Law (FEFTL, No. 228 of 1998, as amended 2009) 2009 amendments broadened control over brokers, enhancing 1 June 2007 amendment to require licensing of brokering 26

27 4 Enforcement agencies/authorities 1. Customs Law No. 61 of Japan Coast Guard Law (No. 28 of 1948) 3. Criminal Procedure Act (No. 131 of 1948) 4. Defense Agency Establishment Act (No. 164 of 1954) 5. Self Defense Forces Law (No. 165 of 1954) 1. Customs 2. Japan Coast Guard 3. Police 4. Self Defense Forces 5 Export control legislation in place Executive Order No. 378 of 1949 (Export Trade Control Order): goods 3. Executive Order No. 260 of 1980 (Foreign Exchange Order): technologies 4. Customs Law No. 61 of , amendments in 2009 increased punishments 2. Police and Coast Guard investigate cases of violations of the 6 Licensing provisions amended in 2009) (No. 228 of 1998) stipulates the need for an export license 1. Any violations are punishable 2. Customs Law No. 61 of 1954: Customs requires the approved license for an export 7 Individual licensing amended in 2009) 8 General licensing amended in 2009): General license may be provided 9 Exceptions from licensing 1. : Exceptions to general license may apply 2. Executive Order No. 378 of 1949 (Export Trade Control Order), Article 4 10 Licensing of deemed export/visa amended in 2009) provisions 27

28 11 National licensing authority 1. Ministry of Economy, Industry and Trade 2. Executive Order No. 378 of 1949 (Export Trade Control Order), Article 11 delegates authority to Customs for some goods 12 Interagency review for licenses amended in 2009) stipulates the involvement of other relevant agencies 13 Control lists Items listed by the control regimes: 1. Attached List 1 of the Export Trade Control Order: goods 2. Attached List of the Foreign Exchange Order: Technologies 14 Updating of lists Control lists are updated regularly by the Ministry of Economy, Trade and Industry 15 Inclusion of technologies Executive Order No. 260 of 1980 (Foreign Exchange Order): technologies and regulations 16 Inclusion of means of delivery List 1 of the Executive Order No. 378 of End-user controls 1. : End-users list has been established and updated annually 2. Two Cabinet Orders regarding security export control were revised on 27th of August 2008 in order to improve control on non-listed items for military end-use. 1. and regulations 2. Foreign End-User List 28

29 18 Catch all clause 1. : Catch-all controls introduced April Two Cabinet Orders regarding security export control were revised on 27th of August 2008 in order to improve control on non-listed items for military end-use. and regulations 19 Intangible transfers In accordance with the FEFTL (No. 228 of 1998 as (No. 228 of 1998) 20 Transit control 21 Trans-shipment control 1. extended in 1 June 2007 to cover transshipments 2. Executive Order No. 378 of Re-export control amended in 2009): Consent of the Ministry of Economy, Trade and Industry is required 23 Control of providing funds 1. Law No. 67 of 2002 on Punishment of Financing to Offences of Public Intimidation 2. Law No. 45 of 1908 (Penal Code) 1. Law No. 67 of Law No. 45 of 1908 (Penal Code) 24 Control of providing transport services amended in 2009) 25 Control of importation 1. Customs Law No. 61 of FETFL (No. 228 of 1998) 3. Customs Tariff Law (No. 54 of 1910) 4. Executive Order No. 378 of 1949, Import Control Order Public Notice of the Ministry of Economy, Trade and Industry (September 26, 2006), Table of Non-Liberalized Goods and regulations 26 Extraterritorial applicability 29

30 27 Other 30

31 OP 6, 7 and 8 (d) - Control lists, Assistance, Information State: Date of Report: Date of Addendum 1: Date of Addendum 2: Japan 28 October March May 2008 Can information be provided on the following issues? Control lists - items (goods/ 1 equipment/ materials/ technologies) 2 Control lists - other YES 1. Attached List 1 of the Export Trade Control Order: goods 2. Attached List of the Foreign Exchange Order: Technologies Remarks 3 Assistance offered 1. Is willing to provide assistance as appropriate in response to specific requests to states lacking the legal and regulatory infrastructures, implementation experience and/or resources for fulfilling the provisions 2. Have offered assistance in the context of the CWC implementation and universalization 4 Assistance requested 1. Provides funds for IAEA, OPCW (including many assistance projects), BWC, CTBTO, and NPT 2. Regarding the United Nations Security Council Resolution 1540 and other international agreements, the Government of Japan has been conducting various types of outreach activities. The purpose of outreach activities is to build an effective international framework for security export controls. Recent Japan's outreach activities are as follows. - Aug., 2009 Japan-Vietnam Industrial Outreach Seminar (Hanoi) - Sep., 2009 Japan-Chinese Taipei Industrial Outreach Seminar (Kaohsiung) - Oct., 2009 Japan-Singapore Industrial Outreach Seminar (Singapore) - Nov., 2009 Japan-Indonesia Industrial Outreach Seminar (Jakarta) - Mar., 2010 Japan-Thailand Industrial Outreach Seminar (Bangkok) 31

32 5 Assistance in place (bilateral/plurilateral/multilateral) 2. Examples of nonproliferation assistance projects 2004 to 2007 directly related to 1540 Provision of three Patrol Vessels to Indonesia for the Prevention of Piracy, Maritime Terrorism and Proliferation of Weapons (Jun.06, Grant Aid for Cooperation on Counter-Terrorism and Security Enhancement; 1,921 million yen) Asian Non-Proliferation Seminar focusing on Maritime Cooperation Asian Senior-level Talks on Non-Proliferation: ASTOP Training Course for Improvements of Implementation on Security Export Controls in Asia Asian Export Control Seminar (Tokyo) Export Control Seminars in Asian countries Japan co-sponsored the seminar/workshop on Prevention and Crisis Management of Chemical/Biological Terrorism with SEARCCT (Southeast Asia Regional Centre for Counter-Terrorism) in Malaysia in 2004, 2005 and Hosted the seminar in Actively promoting outreach activities towards Asian countries aimed at enhancing efforts against proliferation and taking actions and measures for capacity building for combating terrorism less directly related to 1540 Provision of security equipment (-ray machine, metal detector and others) for the Indonesian ports and airports (Grant Aid; 774 million yen, Jul.04) Study on Major Airports Security System Enforcement Plan in Indonesia Provision of Security Facilities and Equipment in Main International Ports of Cambodia (Aug.06, Grant Aid for Cooperation on Counter-Terrorism and Security Enhancement; 927 million yen) Provision of Facilities and Equipment for Enhancement of Communications System for Maritime Safety and Security of the Philippines (Jul.07, Grant Aid for Cooperation on Counter-Terrorism and Security Enhancement, 609 million yen) ARF Workshop on Capacity Building for Maritime Security Dispatch of Experts for enhancing maritime security capacity for Indonesia and Philippines Seminar and Dispatch of Experts on Port Security ASEAN-Japan Port Security Experts Meeting (Bangkok, Yokohama) ASEAN-Japan Regional Action Plan on Port Security 6 Information for industry 1. The Ministry of Economy, Trade and Industry holds seminars for the industry and helps companies to establish their internal compliance programmes 2. The Centre for Information in Security Control (CISTEC) was established in 1989 for promoting the understanding of export controls 3. Export Association gives advice to the industry regarding their internal compliance programmes 32

33 7 Information for the public 1. Strategic Export Control Division, Trade Control Departmenbt, METI web site opened 2. Japan started a web site for translations of its laws to English 3. Issued Notification No. 293 on full translated text of UNSCR 1540, which was published in the Official Gazette on 7 June